ASB

Question 1

Is ASB a crime?

Answer 1

Not always - usually seen as just below criminal

Question 2

ASB - S.2 Anti-social Behaviour, Crime and Policing Act, 2014

Answer 2

(a) Conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) Conduct capable of causing housing-related nuisance or annoyance to any person

Question 3

What does CSPs stand for?

Answer 3

Community Safety Partnerships

Question 4

What is CSPs (Community Safety Partnerships)

Answer 4

Local authorities, police forces, probation services, fire and rescue authorities and local health services working together to tackle crime and ASB in the local area.
Must hold annual ‘strategic assessment’ in their area and form a strategy to address local crime/ASB/disorder.

Question 5

What Constitutes ASB? (What are the broad categories?)

Answer 5

Under 3 headings:
1) Personal - targeting an individual
2) Nuisance - being a pain to the general public
3) Environmental - distributing local area (graffiti, drug use, littering)

Question 6

Types of ASB

Answer 6

-Rowdy/inconsiderate behaviour/neighbours
-Littering
-Drug paraphernalia
-Street Drinking
-Nuisance calls
-Prostitution related activity
-Vehicle abandoned
-Begging
-Misuse of fireworks
-Animal problems
-Trespassing
-Cruising/Car meetups

Question 7

Vulnerability (ASB)

Answer 7

Personal Vulnerability - health, disability, etc
Situational Vulnerability - Living in a rough area
Incidental Vulnerability - Repeated occurrence of being targeted

Question 8

ASB how to put victim’s first?

Answer 8

Identify vulnerability, repeat victimisations, support families with complex needs and intervene early.

Question 9

ASB how to target offenders?

Answer 9

Find hot spots for offenders, then implement school liaisons, community triggers etc to prevent it.

Question 10

ASB Powers

Answer 10

-Dispersal Powers
-Public Space Protection Orders (PSPO)
-Community Protection Notices (CPN)
-Criminal Behaviour Orders (CBO)
-Closure Powers
-Civil Injunctions
-Absolute Grounds for Possession

Question 11

Authorisations to Use Powers under Section 35 - S.34 Anti-social Behaviour Crime and Policing Act 2014

Answer 11

A police officer of at least the rank of inspector may authorise the use in a specified locality during a specified period of not more than 48 hours, of the powers given by section 35.
An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of:
(a) Members of the public in the locality being harassed, alarmed or distressed, or
(b) The occurrence in the locality of crime or disorder.

Question 12

Dispersal of an Individual - S.35 Anti-social Behaviour Crime and Policing Act 2014

Answer 12

Gives a Constable or PCSO in uniform the power to direct a person who is in a public place in the locality specified in the Section 34 authorisation and if other conditions are met;
-To leave the locality (or part of the locality), and
-Not to return to the locality for a period of up to 48 hours

Question 13

Condition One for S.35 Anti-social Behaviour Crime and Policing Act 2014

Answer 13

1) Reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to members of the public in the locality being harassed, alarmed or distressed, or the occurrence in the locality of crime or disorder

Question 14

Condition Two for S.35 Anti-social Behaviour Crime and Policing Act 2014

Answer 14

2) The constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the crime or disorder

Question 15

Direction Under S.35 Anti-social Behaviour Crime and Policing Act 2014

Answer 15

A direction under this section:

(a) must be given in writing, unless that is not reasonably practicable
(b) must specify the area to which it relates
(c) may impose requirements as to the time by which the person must leave the area
AND
the manner in which the person must do so, including the route
AND
Constable must tell the person, failing to comply without reasonable excuse is an offence
AND
provide a map with clear boundaries
AND
if they are believed to be under 16, a constable may remove them to a place of safety.

Question 16

S.36 Restrictions Placed on a Constable When Using the Dispersal Power Granted Under S.35

Answer 16

This includes:
-If they appear to be under 10 yeas
-If it prevent access to home address, attendance at work, education or medical treatment
-If it prevents lawful picketing or public procession/rights of freedom of expression/assembly
-If it prevents court-imposed obligations

Question 17

S.37 Dispersal Surrender of property

Answer 17

After the issue of a S.35 direction to leave a constable may direct (ask for consent) the person to surrender;

any item in the person’s possession or control that has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public

If the constable or PSCO has reasonable grounds to believe so.

This is not a seizure power! Needs to be in writing and inform them failing to comply is an offence.

Question 18

S.38 Dispersal Details

Answer 18

Requires constable to record details of any direction given under S.35 & S.37 (helps prevent complaints). Record their:
-Name, Time and Terms of Dispersal (S.35)
-If varied or withdrawn - record details of time and terms of variation and who requested it (S.35)
-Name, Time and property description (S.37)

Question 19

S.39 Creates Offences in Relation to Dispersal Directions

Answer 19

(1) A person who fails without reasonable excuse to comply commits an offence
(2) Summary only offence 9 3 months imprisonment and fine not exceeding level 4
(3) Failing to surrender property commits an offence
(4) summary only - fine not exceeding level 2

Question 20

S.50 Police Reform Act 2002

Answer 20

A constable who has reason to believe a person is has or is acting in an anti-social manner may require the person to give his name and address. Failing to do so is an offence

Question 21

Public Space Protection Order - S.59 Public Spaces Protection Orders

Answer 21

-Restriction and requirements set by the council to help tackle problem behvaiour/groups. (e.g. restrict access to public right of way) and is enforced by police officer, PCSO’s and council officers

Question 22

Community Protection Notice - S.43 Anti-social Behaviour Crime and Policing Act 2014

Answer 22

Asking someone to cease their problem behaviour (e.g. stop drinking)

Question 23

Criminal Behaviour Order - S.22 Anti-social Behaviour Crime and Policing Act 2014

Answer 23

Helps tackle persistently anti-social individuals engaging in criminal activity. Must impose positive requirements of the offender to prevent further ASB or criminal behaviour.

Question 24

Closure Power - S.80 Anti-Social Behaviour Crime and Policing Act 2014

Answer 24

Two stages - Closure Notice into Closure Order
Allows police or local council to quickly close premises which are being used or likely to be used to commit nuisance or disorder. covers any land or place. Includes residential, business, non-business or licensed premises. Can close it for 24 hours (or 48 by superintendent).
Breach is criminal offence.

Question 25

Civil Injunction

Answer 25

Police don’t deal with this that much. prohibits respondents from engaging in ASB, doing anything described in the injunction or requiring them to do something.
Used to deal with:
-Vandalism
-Public drunkenness
-Aggressive begging
-Irresponsible dog ownership
-Noisy and abusive behaviours

Question 26

New Absolute Grounds for Possession

Answer 26

Used by social landlords (local authorities/housing associations) and private rented sector landlords to expedite the eviction of anti-social tenants. Can also involve regular visitors to the address.
Must meet one of the following conditions:
-Convicted of a serious offence (specified in Schedule 2A to the Housing Act 1985)
-Found to breach civil injunction, criminal behaviour order, noise abatement notice or
-Tenant’s property has been closed for more than 48 hours under closure order for ASB.